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IN RE FUSION CONNECT, INC.

Case No. 19-11811 (SMB) (Jointly Administered) Adv. Pro. No. 20-01009 (SMB).

617 B.R. 36 (2020)

IN RE: FUSION CONNECT, INC., et al., Debtors. United States of America, Plaintiff, v. Fusion Connect, Inc.; Fusion BCHI Acquisition LLC; Fusion NBS Acquisition Corp.; Fusion LLC; Fusion MPHC Holding Corporation; Fusion MPHC Group, Inc.; Fusion Cloud Company LLC; Fusion Cloud Services, LLC; Fusion CB Holdings, Inc.; Fusion Communications, LLC; Fusion Telecom, LLC; Fusion Texas Holdings, Inc.; Fusion Telecom of Kansas, LLC; Fusion Telecom of Oklahoma, LLC; Fusion Telecom of Missouri, LLC; Fusion Telecom of Texas Ltd., L.L.P.; Bircan Holdings, LLC; Fusion Management Services LLC; and Fusion PM Holdings, Inc., Defendants.

United States Bankruptcy Court, S.D. New York.

Signed July 9, 2020.

Attorney(s) appearing for the Case

WEIL, GOTSHAL & MANGES LLP, 767 Fifth Avenue, New York, New York 10153, Gary T. Holtzer, Esq. , Sunny Singh, Esq. , Jared R. Friedmann, Esq. Of Counsel, Attorneys for Defendants.

AUDREY STRAUSS , Acting United States Attorney for the Southern District of New York, 86 Chambers Street, 3rd Floor, New York, New York 10007, Talia Kraemer , Assistant United States Attorney Of Counsel, Attorneys for Plaintiff.

MEMORANDUM DECISION GRANTING DEFENDANTS' MOTION TO DISMISS

The Plaintiff, the United States of America ("Government"), commenced this adversary proceeding against the Debtor Defendants (collectively, "Fusion") seeking a declaration that a non...

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